Judge slams police in Longridge death crash trial

5:05pm Wednesday 16th April 2008

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A MAN has been cleared of causing a friend's death by dangerous driving after a judge ruled that nobody could decide who was behind the wheel.

Judge Christopher Cornwall directed that a not guilty verdict be returned on Stuart Callaghan, who has stood trial three times over the death of his friend Paul Hayhurst.

One hearing had to be halted because a witness could not be called and at another trial, the jury failed to to reach a verdict.

Liverpool fan Mr Hayhurst, 24, died after he and the defendant had watched the team beat Milan on penalties in the May 2005 Champions League final.

They had visited the Green Man pub in Inglewhite before the car left Whittingham Road on a gentle bend, hit a tree and ploughed through garden hedges close to Mr Hayhurst's home.

The vehicle was described as having been reduced to a "mangled piece of metal".

Callaghan, 27, of Derby Road, Longridge, denies causing death by dangerous driving on May 25 2005.

His trial was told that his only memory was of playing on a bandit machine in the pub.

He himself was only discharged from hospital the following month and was off work for six months.

Judge Cornwall, sitting at Preston Crown Court, gave his ruling following defence submissions after all the evidence had been heard.

The judge concluded that it would not be fair to ask the jury to decide who had been driving the car at the time of the fatal crash.

He pointed to the fact that the car had been left outside, not properly preserved for evidence and the elements may have destroyed the evidence.

He said that no fingerprints were taken from the steering wheel.

There had been no proper analysis of the clothing worn by the defendant and the deceased that may have given vital clues as to who had been driving.

The judge said: "This is particularly to be regretted because police knew they were investigating an incident in which only two men were in the car.

"All necessary steps should have been taken to find out who was driving."

Judge Cornwall said police should not have assumed that the car owner had been driving.

He said there had been "starkly conflicting" expert evidence on who had been driving the Astra 1.8 car when it left Whittingham Road.

"I am driven to the conclusion no reasonable jury could conclude it was sure the defendant was the driver", he said.